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Victim-Centered Legal Pluralism and Child Protection Governance in Addressing Sexual Violence in Aceh’s Pesantren Rosdalina Bukido; Nurlaila Isima; Hamzah Kamma; Misbahul Munir Makka; Naylah Salsabilah Kamaru
Khazanah Hukum Vol. 8 No. 1 (2026): Khazanah Hukum
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v8i1.47268

Abstract

This study examines sexual violence in Aceh’s pesantren (Islamic boarding schools) through a victim-centered legal pluralism perspective, focusing on the interaction between religious authority, local sharia-based criminal law, national child protection instruments, and institutional governance. Using a juridical-sociological approach, this study draws on semi-structured interviews with twelve informants, including survivors, pesantren actors, legal actors, child protection officers, and advocates from non-governmental organizations (NGOs) in Bener Meriah and North Aceh. The interview data are complemented by documentary analysis of legal regulations, child protection reports, NGO documents, media-based case documentation, and selected legal records. The findings show that sexual violence in pesantren is enabled by hierarchical relations between kiai (pesantren leaders), ustaz (religious teachers), and santri (students), especially when takzim (reverential respect toward religious authority) develops into unquestioned obedience without accountability. The study also finds that the pre-amendment implementation of Qanun Aceh No. 6 of 2014 during the 2024 fieldwork period had strong social and religious legitimacy but remained limited in ensuring victim recovery, psychosocial assistance, restitution, educational reintegration, and post-sanction monitoring. Although national instruments such as the Child Protection Law, the TPKS Law, and PMA No. 73 of 2022 provide broader victim-centered protection norms, their implementation in pesantren remains weak and fragmented. Institutionally, relevant actors such as the Ministry of Religious Affairs, DP3A, UPTD PPA, law enforcement agencies, NGOs, and pesantren administrators do not yet operate within an integrated case-management system. This study contributes to socio-legal scholarship by arguing that child protection in pesantren requires not only legal reform, but also mandatory safeguarding governance, integrated referral mechanisms, and enforceable institutional accountability.
Reception of Islamic Legal Rituals Among Indigenous Indonesian Communities with Comparative Findings from Wetu Telu and Masade Nasruddin Yusuf; Evra Willya; Imam Mash'ud; Hamzah Kamma; Imamuddin Imamuddin
Jurnal Ilmiah Al-Syir'ah Vol 23, No 2 (2025)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v23i2.3478

Abstract

This article examines the Reception of Islamic legal rituals among indigenous Indonesian communities through a law-centered comparative design. This study understands reception as the selection, reinterpretation, and substantive integration of Islamic ritual norms into local practice. The framework juxtaposes doctrinal analysis of fiqh (Islamic jurisprudence) categories, namely ibādāt taʿabbudī/tawqīfī (worship rituals strictly bound to canonical pillars and conditions) and muʿāmalāt/ahwāl al-shakhṣiyyah (social transactions and personal status), with ethnographic and historical materials. The analysis assesses four equivalent domains: core obligations of worship, calendrical ordering, sacred space and authority, and life-cycle rites. Findings indicate that the Wetu Telu (Sasak "three times" tradition) community in Lombok exhibits primarily substantive Reception, in which ritual form and legal intent converge and are institutionally embedded. By contrast, the Masade (Sangihe "Old Islam" community) exhibits a more selective and symbolic reception, maintaining Islamic identifiers while limiting ritual obligations and temporal coordination within a localized sacred order. These patterns clarify how ʿurf (customary practice) can sustain or reframe Fiqh in indigenous settings without reducing analysis to a simple binary of "orthodox" versus "syncretic." The article contributes a scalable matrix for assessing ritual reception across communities and highlights implications for legal pluralism and the living law of Islam in Indonesia.